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To support the submission, the judgment given in the case of Kasturi Lal Lakshmi Reddy v. State of J and K, reported in (1980) 4 SCC 1 (specifically paragraph No.22) is relied.

Relying on the judgment given in the case of M.P. Oil Extraction v. State of M.P., reported in (1997) 7 SCC 592 (paragraph Nos. 45 and 46), it is submitted that unless it is pleaded and proved that the allotment of the land without public notice or inviting tenders is out of favouritism, the Court will not interfere with the decision of the Government only on the ground that the allotment of the land is without inviting tenders as the State Government may not always be dictated by the only consideration of more revenue.

11. Shri Sunil Manohar, Senior Advocate has argued that the allotment/ distribution of the land, as per the provisions of the Ceiling Act, 1976 has to sub-serve the object of Article 39(b) and (c) of the Constitution of India and if the allotment sub-serves the common good then it cannot be faulted with. It is submitted that it is up to the State Government to consider the purpose and object for which the allotment is to be made and if the State Government is of the opinion that allotment of land to "A" sub-serves the common good then the allotment can be made in favour of "A" without inviting the applications, without issuing public notice and without inviting tenders. It is submitted that following some rules like the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971 or some norms will be sufficient and it is not necessary that getting more revenue should always be the consideration.

However, as we find that all the allotments are made without issuing any public notice, without giving publicity, without inviting tenders and without conducting auction, we will first examine whether the allotments are legal and valid though they sufer this irregularity/ illegality.

Judgment 18 wp55.04.odt

The facts on record show that the person seeking allotment of the land approached the concerned authority, submitted an application, the competent authority recommended the allotment and the allotment is made. There is not a single case in which the State Government or the concerned allottee has been able to show conscious decision by the State Government that the allotment in favour of a particular person/ society/ institution is for valid and justifiable reasons. In this situation, the submissions made on behalf of the State Government and the allottees that the allotment of the land will not be illegal if it is made Judgment 19 wp55.04.odt without issuing public notice or giving publicity or inviting tenders or conducting public auction cannot be accepted. In our view, the mandate of Article 14 of the Constitution of India casts an obligation on the State Government to resort to the above procedure so that everyone gets an opportunity to put-forward his application and claim for the land which is to be allotted by the State Government. Of course, there can be a deviation from this Rule but for that there should be conscious decision by the State Government demonstrating valid and justifiable reasons for deviating from the normal rule. As we find that the lands are allotted to the allottees without issuing public notice, without giving publicity, without inviting tenders and without conducting the public auction, we hold that the allotments (except the above referred two allotments) are not legal and valid.